Available Relief. Employee agrees that a Banking Organization, or its successor or assigns, will suffer irreparable damage and injury and will not have an adequate remedy at law in the event of any breach by Employee of any provision of Sections 4, 5 or 6, herein. Accordingly, in the event of a breach or of a threatened or attempted breach by Employee of Sections 4, 5, or 6, in addition to all other remedies to which a Banking Organization is entitled under law, in equity, or otherwise (including, but not limited to, monetary damages), a Banking Organization or its assigns and successors, shall be entitled to a temporary restraining order and/or preliminary or permanent injunction (without the necessity of showing any actual damage) or a decree of specific performance and no bond or other security shall be required in that connection.
Available Relief. This arbitration provision does not preclude you from informing any federal, state or local agency or entity of your dispute. Such agency or entity may be able to seek relief on your behalf. Nothing in this arbitration provision limits your or our right, whether before, during or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off, or repossession and sale of collateral, or to obtain injunctive relief or interpleader relief. The exercise of these rights will not constitute a waiver of the right to submit any dispute to arbitration.
Available Relief. Executive agrees that APSI, or its successor or assigns, will suffer irreparable damage and injury and will not have an adequate remedy at law in the event of any breach by Executive of any provision of Section 12 or 13. Accordingly, in the event of a breach or of a threatened or attempted breach by Executive of Section 12 or 13, in addition to all other remedies to which APSI is entitled under law, in equity, or otherwise (including monetary damages), APSI and/or its assigns and successors, shall be entitled to a temporary restraining order and/or preliminary or permanent injunction (without the necessity of showing any actual damage) or a decree of specific performance of the provisions of Section 12 or 13 and no bond or other security shall be required in that connection. Furthermore, if Executive breaches any post-employment covenants, including the restrictions and obligations in Section 12 or 13, as determined in APSI’s sole discretion, APSI may recoup any severance payment paid to Executive.
Available Relief. Any arbitral tribunal constituted pursuant to this Agreement shall have the power, as if it were a court of competent jurisdiction operating under the Laws of England and Wales, to order any remedy available to such court, including injunctive relief, declaratory relief, and other forms of equitable relief, including relief directing a Shareholder to vote its Shares in a particular manner.
Available Relief. Except as set forth below in paragraph (L) (entitled “CLASS ACTION AND REPRESENTATIVE ACTION WAIVER”), the arbitrator shall have the power to award any relief available to a claimant in court under applicable law, including but not limited to equitable and injunctive relief.
Available Relief. Executive agrees that TTG, or its successor or assigns, will suffer irreparable damage and injury and will not have an adequate remedy at law in the event of any breach by Executive of any provision of Section 12 or 13. Accordingly, in the event of a breach or of a threatened or attempted breach by Executive of Section 12 or 13, in addition to all other remedies to which TTG is entitled under law, in equity, or otherwise (including monetary damages), TTG and/or its assigns and successors, shall be entitled to a temporary restraining order and/or preliminary or permanent injunction (without the necessity of showing any actual damage) or a decree of specific performance of the provisions of Section 12 or 13 and no bond or other security shall be required in that connection. Furthermore, if Executive breaches any post-employment covenants, including the restrictions and obligations in Section 12 or 13, as determined in TTG’s sole discretion, TTG may recoup any severance payment paid to Executive.
Available Relief. The arbitrator shall apply applicable substantive law consistent with this Arbitration Agreement. The arbitrator shall also apply applicable statutes of limitation and shall honor claims of privilege recognized at law. The arbitrator may award any relief available under applicable law, subject to the limitations set forth in this Arbitration Agreement. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. If the arbitrator renders a decision or an award in your favor resolving the Dispute, then you will not be responsible for reimbursing us or the appropriate Related Third Party for your portion of the Arbitration Fees, and we or the appropriate Related Third Party will reimburse you for any Arbitration Fees you have previously paid. If the arbitrator renders a decision or an award in favor of us or the appropriate Related Third Party then the arbitrator may require you to reimburse us or the appropriate Related Third Party for the Arbitration Fees that were advanced on your behalf, not to exceed the amount which would have been assessed as court costs if the Dispute had been resolved by a state court with jurisdiction, less any Arbitration Fees you have previously paid. At the timely request of any party to the arbitration, the arbitrator shall provide a written explanation for the award. An award may be filed with any court having jurisdiction. The arbitrator may award you reasonable attorney’s fees and expenses if you substantially prevail in arbitration and applicable law does not prohibit such an award. If we or a Related Third Party substantially prevails in arbitration, the arbitrator may not award us or the Related Third Party attorney’s fees and expenses unless the arbitrator also finds that you asserted frivolous or fraudulent claims or allegations, in which case the arbitrator may award us or the Related Third Party reasonable attorney’s fees and expenses.
Available Relief. The Parties acknowledge that any breach of this Agreement may cause the non-breaching Parties irreparable injury for which monetary damages would not be adequate. In the event of any breach, the non-breaching Xxxxx will be entitled to seek preliminary and permanent injunctive relief, including but not limited to specific performance, in addition to any monetary damages.
Available Relief. Nothing herein is to be construed as limiting either party from seeking injunctive or other equitable relief at any time. Licensee acknowledges and agrees that (i) the restrictions on its use and disclosure of Sun's Confidential Information and the restrictions and limitations on the licenses granted to Licensee are reasonable and necessary to protect legitimate interests, (ii) in the event of a violation by Licensee of any of the provisions of Sections 3, 4, or 9, remedies at law will be inadequate and such violation will cause irreparable damages to Sun within a short period of time, and (iii) Sun will be entitled to injunctive relief against every violation of these Sections.
Available Relief. Xxxxxxx acknowledges that as a former high-level executive of the Company, who provided services of a special and unique character that were of a peculiar value to the Company, the loss of which may not be reasonably or adequately compensated for by damages in an action at law: (A) the provisions of this Section 5 are reasonable and necessary to protect the legitimate interests of the Company and/or any of its related entities, and (B) any violation of this Section 5 will cause irreparable harm to the Company and/or any of its related entities, the exact amount of which will be difficult to ascertain, and that the remedies at law for any such violation would not be reasonable or adequate compensation to the Company and/or any of its related entities for such a violation. Accordingly, Xxxxxxx agrees that if he violates the provisions of this Section 5, in addition to any other remedy which may be available at law or in equity, the Company and/or any of its related entities shall be entitled to specific performance and injunctive relief without the necessity of proving actual damages. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach, including, without limitation, the recovery of damages from Xxxxxxx or, in the event the Company pursues any remedy for the recovery of damages, as prohibiting Xxxxxxx from contesting any and all amounts of damages alleged by the Company (i.e., Xxxxxxx is not by virtue of this agreement or any recitation of irreparable harm contained herein stipulating the existence of damages or the amount thereof, or any other cognovit-type remedy).
